The legitimacy of indigenous peoples' norms under international law

Abstract

In this talk I assess Indigenous peoples’ norms under international law against a definition of legitimacy that draws on contemporary international relations and international legal scholarship, especially that of Thomas Franck in addition to constructivism, transnational legal process theory and social movement theory. I argue that Indigenous peoples’ norms under international law carry legitimacy. As such, Indigenous peoples’ have both the capacity and the potential to pull states into compliance. I then proceed to examine three forms of legitimacy: procedural, substantive and engagement.